SUBHASH KUMAR SOJATIA Vs. DEVILAL DHAKAD

JUDGEMENT

(1.) Respondent No.1 has filed the interlocutory application under Order 7 Rule 11 of C.P.C. read with Section 86 of Representation of People Act, 1951 (hereinafter, for short, "the Act of 1951") seeking rejection of the election petition.

(2.) The Election Commission of India vides Press-note dated 6.10.2018 declared the General Elections to the Legislative Assemblies of Chhattisgarh, Madhya Pradesh, Rajasthan, Mizoram and Telangana. Vide Press-note of even date, schedule of election programme was declared. In furtherance to the aforesaid Press-note, Hon'ble the Governor of Madhya Pradesh issued Gazette Notification dated 2.11.2018 calling upon Assembly Constituencies in the State of M.P. to elect its member to the Legislative Assembly of the State.

(3.) The petitioner filled his nomination as a candidate of Indian National Congress from Garoth Constituency No.227 on 9.11.2018. Respondent No.1 also submitted the nomination form as a candidate of Bhartiya Janata Party. Likewise, respondents No.2 to 11 also filled their nomination forms as independent candidates. After the polling on the scheduled date, the election result of the said Constituency was declared, in which, the petitioner secured 73838 votes, whereas respondent No.1 secured 75946 votes. Thus, respondent NO.1 was declared elected candidate by securing 2108 votes more votes than the petitioner.